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10 - Application of Competition Law to Public Services

The EU Experience, the ASEAN Approach and Implications for Regional Integration in ASEAN

Published online by Cambridge University Press:  16 February 2018

Burton Ong
Affiliation:
National University of Singapore
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Summary

The focus of competition law is traditionally the private rather than the public sector. Yet, market activities by the public sector can fall under competition law. When this is the case, is influenced by two factors: market liberalisation and regional economic integration. In the EU the reach of competition law has thus constantly been fine-tuned by the Court which has arguably broken down national protectionism, but also led to conflicts with public/social policy objectives. ASEAN does not have a supranational competition law, instead ASEAN Member States have introduced domestic regimes many of which contain a broader variety of exemptions. Does this approach hinder economic integration or are the exemptions potentially beneficial to public service delivery? Is it possible to identify an ASEAN approach? This chapter provides a fresh take on this little-researched area of the relationship between state bodies, in particular public services providers, and competition law in ASEAN.
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Publisher: Cambridge University Press
Print publication year: 2018

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